Chapter 2

Income Tax

2 .— As respects the year of assessment 2008 and subsequent years of assessment, section 15 of the Principal Act is amended—

(a) by substituting “€26,400” for “€25,000” (inserted by the Finance Act 2007 ) in subsection (3), and

(b) by substituting the following Table for the Table (as so inserted) to that section:

“TABLE

PART 1

PART 2

PART 3

”.

3 .— (1) Where an individual is entitled under a provision of the Principal Act mentioned in column (1) of the Table to this subsection to have the income tax to be charged on the individual, other than in accordance with the provisions of section 16(2) of the Principal Act, reduced for the year of assessment 2008 or any subsequent year of assessment and the amount of the reduction would, but for this section, be an amount which is the lesser of—

(a) the amount specified in column (2) of that Table, and

(b) the amount which reduces that liability to nil,

the amount of the reduction in accordance with paragraph (a) shall be the amount of the tax credit specified in column (3) of the Table.

TABLE

(2) Section 3 (as amended by the Finance Act 2007 ) of the Finance Act 2002 shall have effect subject to the provisions of this section.

(3) Schedule 1 shall apply for the purposes of supplementing subsection (1).

4 .— As respects the year of assessment 2008 and subsequent years of assessment, section 188 of the Principal Act is amended, in subsection (2), by substituting “€40,000” for “€38,000” (inserted by the Finance Act 2007 ) and “€20,000” for “€19,000” (as so inserted).

5 .— The Principal Act is amended—

(a) in section 187 by inserting the following after subsection (4):

“(5) This section ceases to have effect on or after 1 January 2008.”,

(b) in section 188—

(i) in subsection (1) by deleting “and in section 187”,

(ii) in subsection (2) by substituting “subject to subsection (2A)” for “subject to section 187(2)”, and

(iii) by inserting the following after subsection (2)—

“(2A) (a) For the purposes of this section, where a claimant proves that he or she has living at any time during the year of assessment any qualifying child then, subject to subsection (2B), the specified amount (within the meaning of this section) shall be increased for that year of assessment by—

(i) €575 in respect of the first such child,

(ii) €575 in respect of the second such child, and

(iii) €830 in respect of each such child in excess of 2.

(b) Any question as to whether a child is a qualifying child for the purposes of this section shall be determined on the same basis as it would be for the purposes of section 462, but without regard to subsections (1)(b), (2) and (3) of that section.

(2B) Where for any year of assessment 2 or more individuals are, or but for this subsection would be, entitled under subsection (2A) to an increase in the specified amount, (within the meaning of this section) in respect of the same child, the following provisions shall apply:

(a) only one such increase under subsection (2A) shall be allowed in respect of each child;

(b) where such child is maintained by one individual only, that individual only shall be entitled to claim the increase;

(c) where such child is maintained by more than one individual, each individual shall be entitled to claim such part of the increase as is proportionate to the amount expended on the child by that individual in relation to the total amount paid by all individuals towards the maintenance of the child;

(d) in ascertaining for the purposes of this subsection whether an individual maintains a child and, if so, to what extent, any payment made by the individual for or towards the maintenance of the child which that individual is entitled to deduct in computing his or her total income for the purposes of the Income Tax Acts shall be deemed not to be a payment for or towards the maintenance of the child.”,

and

(iv) in subsection (6) by deleting “or under section 187” in both places where it occurs,

(c) in section 244(2)(c) by substituting “Except for the purpose of section 188” for “Except for the purposes of sections 187 and 188”,

(d) in section 261—

(i) in subsection (c)(i)(I) by substituting “section 188” for “section 187 or 188”, and

(ii) in subsection (c)(ii) by substituting “section 188” for “sections 187 or 188”,

(e) in section 459(6) by substituting “section 188” for “section 187 or 188”,

(f) in section 644A(3)(b) by substituting “section 188” for “sections 187 or 188”, and

(g) in section 787R(1)(b) by substituting “section 188” for “sections 187 or 188”.

6 .— Section 473 of the Principal Act is amended, as respects the year of assessment 2008 and subsequent years of assessment, by substituting in subsection (1) the following definition for the definition of “specified limit” (inserted by the Finance Act 2007 ):

“ ‘ specified limit ’, in relation to an individual for a year of assessment, means—

(a) in the case of—

(i) a married person assessed to tax in accordance with section 1017, or

(ii) a widowed person,

€4,000; but, if at any time during the year of assessment the individual was of the age of 55 years or over, ‘specified limit’ means €8,000, and

(b) in any other case, €2,000; but, if at any time during the year of assessment the individual was of the age of 55 years or over, ‘specified limit’ means €4,000;”.

7 .— As respects the year of assessment 2008 and subsequent years of assessment, section 244 of the Principal Act is amended in the definition of “relievable interest” in subsection (1)(a)—

(a) by substituting “€20,000” for “€16,000” (inserted by the Finance Act 2007 ), and

(b) by substituting “€10,000” for “€8,000” (inserted by the Finance Act 2007 ).

8 .— As respects the year of assessment 2008 and subsequent years of assessment, section 122 of the Principal Act is amended in the definition of “the specified rate” in subsection (1)(a)—

(a) by substituting “5.5 per cent” for “4.5 per cent” (inserted by the Finance Act 2007 ) in both places where it occurs, and

(b) by substituting “13 per cent” for “12 per cent” (inserted by the Finance Act 2007 ).

9 .— Section 467 of the Principal Act is amended by inserting the following after subsection (2):

“(2A) Notwithstanding subsection (2)(a) but subject to all other provisions of this section, relief may be granted under this section in the first year in which the individual proves that either he or she or a relative of the individual was totally incapacitated by physical or mental infirmity.”.

10 .— As respects the year of assessment 2008 and subsequent years of assessment, section 472C of the Principal Act is amended, in subsection (1), by substituting “€350” for “€300” (inserted by the Finance Act 2006 ) in the definition of “specified amount”.

11 .— As respects the year of assessment 2008 and subsequent years of assessment, section 216A of the Principal Act is amended, in subsection (5), by substituting “€10,000” for “€7,620”.

12 .— (1) Schedule 13 to the Principal Act is amended—

(a) by substituting the following for paragraph 111:

“111. Director of the Equality Tribunal.”,

(b) by substituting the following for paragraph 114:

“114. Competition Authority.”,

(c) by substituting the following for paragraph 120:

“120. Citizens Information Board.”,

(d) by substituting the following for paragraph 143:

“143. Children Acts Advisory Board.”,

(e) by deleting paragraphs 34, 81, 86, 107, 112 and 157, and

(f) by inserting the following after paragraph 164 (inserted by the Finance Act 2007 ):

“165. Limerick Northside Regeneration Agency.

166. Limerick Southside Regeneration Agency.

167. The Health Information and Quality Authority.

168. Teilifís na Gaeilge.

169. Food Safety Authority of Ireland.

170. National Social Work Qualification Board.

171. Sea-Fisheries Protection Authority.

172. National Centre for Partnership Performance.

173. National Economic and Social Development Office.”.

(2) (a) Subsection (1)(a) is deemed to have taken effect as and from 19 July 2004.

(b) Subsection (1)(b) is deemed to have taken effect as and from 1 October 1991.

(c) Subsection (1)(c) is deemed to have taken effect as and from 30 March 2007.

(d) Subsection (1)(d) is deemed to have taken effect as and from 17 July 2007.

(e) Subsection (1)(e) is deemed to have taken effect as and from 1 January 2008.

(f) Subsection (1)(f) takes effect as and from 1 May 2008.

13 .— (1) Schedule 12A to the Principal Act is amended in paragraph 25—

(a) in subparagraph (2)(a) by substituting “€500” for “€320”, and

(b) by deleting subparagraph (3).

(2) (a) Paragraph (a) of subsection (1) applies as respects contributions made under certified contractual savings schemes entered into on or after 1 February 2008.

(b) Paragraph (b) of subsection (1) applies as on and from 1 February 2008.

14 .— (1) Section 515(2A) of the Principal Act is amended in paragraph (c) by substituting “a period of at least 10 years, or such lesser period (not being less than the period referred to in paragraph (b)) as the Revenue Commissioners may allow,” for “a period of at least 10 years”.

(2) This section applies as on and from 31 January 2008.

15 .— Section 657 of the Principal Act is amended by inserting the following after subsection (10):

“(10A) Where the commencement of a partnership to which European Communities (Milk Quota) (Amendment) Regulations 2002 (S.I. No. 97 of 2002) apply, would otherwise result in the permanent discontinuation of another trade of farming then, notwithstanding subsection (10) and solely for the purposes of the application of this section, the partnership trade shall be treated as a continuation of that other trade.”.

16 .— (1) The Principal Act is amended by inserting the following after section 128B:

“128C.— (1) In this section—

‘ chargeable amount ’ has the same meaning as it has in subsection (6), computed in accordance with subsection (8);

‘ chargeable event ’ has the meaning given in subsection (7);

‘ collective investment scheme ’ means any scheme or arrangement made for the purpose, or having the effect, of providing facilities for the participation by persons, as beneficiaries, in profits or income arising from the acquisition, holding, management or disposals of assets;

‘ convertible securities ’ shall be construed in accordance with subsection (4);

‘director’ and ‘employee’ have the meanings respectively assigned to them by section 770(1);

‘ interest ’, in relation to securities, includes an interest in securities which is less than full beneficial ownership and an interest in the proceeds of the sale of them, but does not include a right to acquire securities;

‘ market value ’ shall be construed in accordance with section 548;

‘ securities ’ includes—

(a) shares,

(b) securities within the meaning of section 135,

(c) debentures, debenture stock, loan stock, bonds, certificates of deposit, and other instruments (including certificates and warrants) creating or acknowledging indebtedness, including certificates and other instruments providing for a share in the profits of a company,

(d) options (other than options to acquire securities, except where such options are acquired under arrangements of which the main purpose or one of the main purposes is the avoidance of income tax, corporation tax or capital gains tax) and financial and commodity futures (within the meaning of the Investment Intermediaries Act 1995 ),

(e) warrants and other instruments entitling their holders to subscribe for securities,

(f) certificates and other instruments conferring rights in respect of securities held by persons other than persons on whom the rights are conferred and the transfer of which may be effected without the consent of those persons, and

(g) units in a collective investment scheme,

but does not include cheques or other bills of exchange, bankers’ drafts or letters of credit, statements showing balances in current, deposit or savings accounts, or leases and other dispositions of property;

‘ shares ’ includes securities (within the meaning of section 135) and stock.

(2) References in this section to an employee or director acquiring securities in a company as a director or employee of that company or of another company, includes references to securities acquired by any other person by reason of the director’s or employee’s office or employment, and for this purpose ‘employment’ includes a former or prospective employment.

(3) This section applies where—

(a) an employee or director acquires securities in a company as a director or employee of that company or of another company (in this section referred to as ‘employment-related securities’), and

(b) at the time of acquisition, the securities are convertible securities or an interest in convertible securities.

(4) For the purposes of this section securities are convertible securities if—

(a) they confer on the holder an entitlement (whether immediate or deferred and whether conditional or unconditional) to convert them—

(i) into securities of a different description, or

(ii) into money or money’s worth,

or

(b) a contract, agreement, arrangement or condition—

(i) authorises or requires the grant of such an entitlement as is referred to in paragraph (a) to the holder if certain circumstances arise or do not arise, or

(ii) provides for the conversion of the securities, otherwise than by the holder, into securities of a different description or into money or money’s worth.

(5) (a) For the purposes of—

(i) any charge to income tax under Schedule E and computed in accordance with section 112 or 128 on the acquisition of the employment-related securities, or

(ii) the operation of section 122A,

the market value of the employment-related securities shall be determined as if they were not convertible securities.

(b) Paragraph (a) does not apply if the employment-related securities are acquired under arrangements of which the main purpose or one of the main purposes is the avoidance of income tax, corporation tax or capital gains tax, unless the market value of the employment-related securities determined in accordance with paragraph (a) is greater than that determined under paragraph (c).

(c) Where paragraph (a) does not apply, the market value of the employment-related securities shall be determined—

(i) in the case of securities that fall within subsection (4)(a)(i) and the entitlement to convert is not both immediate and unconditional, as if it were both immediate and unconditional,

(ii) in the case of securities that fall within subsection (4)(b)(i), as if the circumstances are such that an entitlement to convert arises immediately,

(iii) in the case of securities that fall within paragraph (a)(ii) or (b)(ii) of subsection (4), as if provision were made for their immediate conversion,

and in each case, as if they were immediately and fully convertible.

(d) For the purposes of paragraph (c) ‘ immediately and fully convertible ’ means convertible immediately after the acquisition of the employment-related securities so as to obtain the maximum gain that would be possible on a conversion at such time without giving any consideration for the conversion or incurring any expenses in connection with it.

(6) Subject to subsection (11), where, at a time when an employee or director (or any other person who acquired the employment-related securities by reason of the director’s or employee’s office or employment) has a beneficial interest in employment-related securities, a chargeable event occurs, then the employee or director shall be chargeable to income tax under Schedule E, in the year in which the chargeable event occurs, on an amount (referred to in this section as the ‘chargeable amount’) computed in accordance with subsection (8).

(7) A ‘ chargeable event ’ means—

(a) the conversion of the employment-related securities (or the securities in which they are an interest) into securities of a different description in circumstances in which the employee or director (or any other person who acquired the employment-related securities by reason of the director’s or employee’s office or employment) is beneficially entitled to the securities into which the employment-related securities are converted,

(b) the release for consideration of the entitlement to convert the employment-related securities (or the securities in which they are an interest) into securities of a different description,

(c) the disposal for consideration of the employment-related securities or any interest in them by the director or employee (or by any other person who acquired the employment-related securities by reason of the director’s or employee’s office or employment), at a time when such securities are still convertible securities, or

(d) the receipt by the employee or director (or by any other person who acquired the employment-related securities by reason of the director’s or employee’s office or employment) of a benefit in money or money’s worth in connection with the entitlement to convert (other than securities acquired on the conversion of the employment-related securities or consideration referred to in paragraphs (b) and (c)).

(8) (a) For the purposes of subsection (6), the chargeable amount is to be determined by the formula—

A — B

where—

A is the amount of any gain realised on the occurrence of a chargeable event, and

B is the total of any consideration given for the entitlement to convert the employment-related securities and the amount of any expenditure incurred by the holder of the employment-related securities in connection with the conversion, disposal, release of the entitlement to convert, or receipt of a benefit in connection with the entitlement to convert the employment-related securities, as the case may be.

(b) The amount of the gain realised on the occurrence of a chargeable event is—

(i) in the case of an event to which subsection (7)(a) applies, to be determined by the formula—

C — (D + E)

where—

C is the market value at the time of the chargeable event of the securities into which the employment-related securities are converted and where those securities are themselves convertible, the market value is to be determined as if they were not convertible; and where the employment-related securities are an interest in securities, then C is the same proportion of that market value as the market value of the interest in the securities in which the employment-related securities are an interest bears to the market value of those securities,

D is the market value of the employment-related securities at the time of the chargeable event, determined as if they were not convertible securities or an interest in convertible securities, and

E is the amount of the consideration given for the conversion of the employment-related securities,

(ii) in the case of a chargeable event to which subsection (7)(b) applies, the amount of the consideration received in respect of the release,

(iii) in the case of a chargeable event to which subsection (7)(c) applies, to be determined by the formula—

F — G

where—

F is the amount of consideration given on disposal of the employment-related securities, and

G is the market value of the employment-related securities at the time of the chargeable event, determined as if they were not convertible securities or an interest in convertible shares,

(iv) in the case of an event to which subsection (7)(d) applies, the amount or market value of the benefit received, as the case may be.

(c) If, because of paragraph (b) of subsection (5), paragraph (a) of that subsection did not apply in relation to employment-related securities, the chargeable amount is to be reduced by the amount determined by the formula—

H — I

where—

H is the amount by which the market value of the employment-related securities for the purposes specified in paragraph (a) of subsection (5), exceeded what it would have been had that paragraph applied, and

I is the aggregate of any amount by which the chargeable amount on any previous chargeable event relating to the employment-related securities has been reduced under this subsection.

(9) (a) For the purposes of calculating B in the formula in subsection (8)(a), consideration is to be treated as given for the entitlement to convert the employment-related securities only if the amount of any consideration given for the acquisition of the employment-related securities exceeds the market value of such securities (determined as if the employment-related securities were not convertible securities) at the time of their acquisition.

(b) Where the consideration is in excess of the market value, the amount of such excess shall be treated as the amount of consideration given for the entitlement to convert the employment-related securities.

(10) For the purposes of this section, any consideration given for the acquisition of employment-related securities and any consideration given for the entitlement to convert shall not be taken to include the performance of any duties in or in connection with the office or employment, and no part of the amount or value of the consideration shall be deducted more than once.

(11) (a) This section does not apply in relation to employment-related securities, where—

(i) the employment-related securities are shares in a company of a class,

(ii) all the company’s shares of the class are convertible securities,

(iii) all the company’s shares of the class are affected by an event similar to that which is a chargeable event in relation to the employment-related securities, and

(iv) immediately before the event that would, but for the provisions of this subsection, be a chargeable event, the majority of the company’s shares of the class are not employment-related securities,

or,

(b) if, at the time of the acquisition of the employment-related securities, the emoluments from the office or employment are not within the charge to tax under Schedule E or Schedule D.

(12) For the purposes of subsection (11)(a)(iii), shares are affected by an event similar to that which is a chargeable event in relation to employment-related securities, if—

(a) in the case of a chargeable event to which subsection (7)(a) applies, they are converted into securities of a different class,

(b) in the case of a chargeable event to which subsection (7)(b) applies, the entitlement to convert them into securities of a different description is released,

(c) in the case of a chargeable event to which subsection (7)(c) applies, they are disposed of,

(d) in the case of a chargeable event to which subsection (7)(d) applies, a similar benefit is received in respect of the entitlement to convert them.

(13) Notwithstanding any other provision of the Tax Acts, where a person is, by virtue of this section, chargeable to tax under Schedule E for a year of assessment in respect of a chargeable amount computed in accordance with subsection (8), then he or she shall be a chargeable person for that year for the purposes of Part 41, unless the person has been exempted by an officer of the Revenue Commissioners from the requirement of section 951 by reason of a notice given under subsection (6) of that section.

(14) Where a person is charged to tax under this section on a chargeable amount computed in accordance with subsection (8), then section 552 shall apply as if a sum equal to the amount so charged formed part of the consideration given by the person acquiring securities for their acquisition by that person.

(15) Where in any year—

(a) a person awards employment-related securities to an employee or director (or to any other person by reason of the director’s or employee’s office or employment) to which this section applies, or

(b) a chargeable event occurs in relation to employment-related securities so awarded,

then the person shall deliver to the Revenue Commissioners on or before 31 March in the year following the year in which the award was made or the chargeable event occurred, as the case may be, particulars of the awards or the chargeable event, as the case may be.”.

(2) This section applies as on and from 31 January 2008 in respect of employment-related securities acquired on or after that date.

17 .— Section 986 of the Principal Act is amended in subsection (1)—

(a) in paragraph (j) by substituting “regulations;” for “regulations.”,

(b) by inserting the following after paragraph (j):

“(k) for the collection and recovery, to the extent that the Revenue Commissioners deem appropriate and the employee does not object, of tax in respect of income other than emoluments to which this Chapter applies, which has not otherwise been recovered during the year;

(l) for the collection and recovery, from the employee rather than from the employer of any amount of tax that the Revenue Commissioners consider should have been deducted by the employer from the emoluments of the employee;

(m) for requiring any employer making any payment of emoluments to which this Chapter applies to provide, within a prescribed time, and on such form as the Revenue Commissioners may approve or prescribe, information in relation to payments of emoluments (including emoluments in the form of notional payments) and tax deducted from such emoluments, and such other information or documents as the Revenue Commissioners deem appropriate.”,

and

(c) by inserting the following after subsection (6)—

“(6A) Notwithstanding any other provision of this section, where the Revenue Commissioners are satisfied that it is unnecessary or is not appropriate for an employer to comply with any of the regulations made under subsection (1) they may notify the employer accordingly.”.

18 .— (1) The Principal Act is amended—

(a) in section 73 by inserting the following after subsection (3):

“(4) This section ceases to have effect in respect of income arising on or after 1 January 2008.”,

and

(b) in section 823 by substituting the following for subsection (2)(b):

“(b) This section does not apply in any case where the income from an office or employment—

(i) is chargeable to tax in accordance with section 71(3), or

(ii) is income to which section 822 applies.”.

(2) Subsection (1) has effect as on and from 1 January 2008.

19 .— (1) The Principal Act is amended—

(a) in section 510 by inserting the following after subsection (7):

“(8) Without prejudice to subsection (7) the trustees of an approved scheme shall as respects any year, prepare and deliver to the Revenue Commissioners on or before 31 March in the year following that year, a return in the prescribed form (within the meaning of section 951) of such particulars relating to the approved scheme for that year as may be required by the prescribed form and sections 1052 and 1054 shall apply to a failure by the trustees to deliver a return in accordance with this subsection as they apply to a failure to deliver a return referred to in section 1052.”,

(b) in Schedule 12 by inserting the following after paragraph 3(4):

“(5) Without prejudice to subparagraph (4) the trustees of a trust shall as respects any year, prepare and deliver to the Revenue Commissioners on or before 31 March in the year following that year, a return in the prescribed form (within the meaning of section 951) of such particulars relating to the trust for that year as may be required by the prescribed form and sections 1052 and 1054 shall apply to a failure by the trustees to deliver a return in accordance with this subparagraph as they apply to a failure to deliver a return referred to in section 1052.”,

(c) in Schedule 12A by inserting the following after paragraph 6:

“6A. Without prejudice to paragraph 6 the trustees of an approved scheme shall as respects any year, prepare and deliver to the Revenue Commissioners on or before 31 March in the year following that year, a return in the prescribed form (within the meaning of section 951) of such particulars relating to the approved scheme for that year as may be required by the prescribed form and sections 1052 and 1054 shall apply to a failure by the trustees to deliver a return in accordance with this paragraph as they apply to a failure to deliver a return referred to in section 1052.”,

(d) in Schedule 12C by inserting the following after paragraph 20:

“20A. Without prejudice to paragraph 20 the trustees of an approved scheme shall as respects any year, prepare and deliver to the Revenue Commissioners on or before 31 March in the year following that year, a return in the prescribed form (within the meaning of section 951) of such particulars relating to the approved scheme for that year as may be required by the prescribed form and sections 1052 and 1054 shall apply to a failure by the trustees to deliver a return in accordance with this paragraph as they apply to a failure to deliver a return referred to in section 1052.”,

and

(e) in Schedule 29, column 3, by inserting—

(i) “section 510(8)” before “section 531 and regulations under that section”, and

(ii) “Schedule 12, paragraph 3(5); Schedule 12A, paragraph 6A; Schedule 12C, paragraph 20A;” before “Schedule 23, paragraph 3(2)(a)”.

(2) Subsection (1) shall apply as on and from 1 January 2009.

20 .— Chapter 1 of Part 23 of the Principal Act is amended by substituting the following for section 657B:

“657B.— (1) In this section—

‘ specified individual ’ means an individual who carries on in the year of assessment 2007 or in any subsequent year of assessment the trade of farming in respect of which the individual is within the charge to tax under Case I of Schedule D;

‘ specified payment ’ means a payment to a specified individual under the EU temporary scheme for the restructuring of the sugar industry in the Community, operated by the Department of Agriculture, Fisheries and Food under any of Articles 3(6) first indent, 6 and 7 of Council Regulation (EC) No. 320/2006 of 20 February 2006 (as amended by Council Regulation (EC) No. 1261/2007 of 9 October 2007) in respect of which the specified individual would, apart from this section, be chargeable to income tax on the profits or gains from farming for the year of assessment 2007 or for any subsequent year of assessment.

(2) A specified individual may elect to have the aggregate of all specified payments made to the individual which would, apart from this section, be chargeable to income tax for a year of assessment treated in accordance with subsections (3) to (6), and each such election shall be made in such form and contain such information as the Revenue Commissioners may require.

(3) Notwithstanding any other provision of the Income Tax Acts apart from subsection (4), where a specified individual elects in accordance with subsection (2), the specified payment or specified payments shall be disregarded as respects the year of assessment referred to in subsection (2) and shall instead be treated for the purposes of the Income Tax Acts as chargeable in equal instalments for the year of assessment so referred to in subsection (2) and for the 5 succeeding years of assessment.

(4) Where a trade of farming is permanently discontinued, tax shall be charged under Case IV of Schedule D for the year of assessment in which such discontinuation takes place in respect of the amount of any specified payment which would, but for such discontinuance, be treated by virtue of subsection (3) as chargeable for a year of assessment or years of assessment ending after such discontinuance.

(5) An election under subsection (2) by an individual to whom this section applies, shall be made by notice in writing on or before 31 October in the year of assessment following the year of assessment referred to in subsection (2).

(6) Subject to subsection (4), an election made under subsection (2) shall not be altered or varied during the period to which it relates.”.

21 .— The Principal Act is amended in Chapter 3 of Part 5 by inserting the following section after section 118A—

“118B.— (1) In this section—

‘ approved transport provider ’ has the same meaning as in section 118(5A);

‘ exempt employee benefit ’ means a benefit specifically approved by the Revenue Commissioners which is referred to in subsection (2)(a)(i) and (ii);

‘ salary sacrifice agreement ’ means any arrangement under which an employee forgoes the right to receive any part of his or her remuneration due under his or her terms or contract of employment, and in return his or her employer agrees to provide him or her with a benefit;

‘ approved profit sharing scheme ’ shall be construed in accordance with section 510.

(2) (a) The amount of the remuneration forgone under any salary sacrifice arrangement specifically approved by the Revenue Commissioners in relation to—

(i) travel passes issued by an approved transport provider under section 118(5A), and

(ii) shares appropriated to employees and directors under an approved profit sharing scheme within the meaning of Chapter 1 of Part 17, which are exempt from a charge to tax by virtue of section 510(4),

shall be exempt from tax.

(b) Any amount of remuneration forgone by an individual under any salary sacrifice arrangement and not exempt from tax by virtue of paragraph (a) shall be deemed to be an emolument of the individual and income tax shall be chargeable accordingly.

(3) Where an exempt employee benefit is provided to the spouse or dependant of, or a person connected with, the individual, being an individual who has entered into a salary sacrifice arrangement, then any such benefit shall be deemed to be an emolument of the individual and income tax shall be chargeable accordingly.

(4) Where—

(a) but for this subsection, subsection (2)(a) would apply, and

(b) there is an arrangement or scheme in place whereby the employee is recompensed, wholly or partly, by the provision of an exempt employee benefit together with a compensating payment,

then the provisions of subsection (2)(a) shall not apply and the remuneration foregone shall be treated as an emolument of the individual and income tax shall be chargeable accordingly.

(5) Where a salary sacrifice agreement is entered into in respect of any right, bonus, commission or any other emolument which arises to an individual after the end of the year of assessment, then subsection (2)(a) shall not apply and the remuneration foregone shall be treated as an emolument of the individual for that year and income tax shall be chargeable accordingly.

(6) This section has effect as on and from 31 January 2008.”.

22 .— (1) Section 201 of the Principal Act is amended by inserting the following subsection after subsection (1)—

“(1A) (a) In this subsection—

‘eligible employee’ means an employee, being a person who is being made redundant, who, in relation to a full-time employment, has completed at least 2 years continuous service in that employment or is, for the purposes of the law relating to redundancy, deemed to have at least 2 years continuous service;

‘retraining’ means a training course, made available by an employer as part of a redundancy package, that is—

(i) designed to impart or improve skills or knowledge relevant to, or intended to be used in, obtaining gainful employment or in the setting up of a business,

(ii) primarily devoted to the teaching or practical application of such skills or knowledge, and

(iii) completed within 6 months of the termination of employment;

‘redundancy package’, in relation to an eligible employee, means any scheme of compensation offered to the employee on termination of his or her employment.

(b) Income tax shall not be charged by virtue of section 123 in respect of the first €5,000 of the cost of retraining an eligible employee where—

(i) such training forms part of his or her redundancy package, and

(ii) the employer makes available such retraining for all eligible employees.

(c) Paragraph (b) does not apply to any retraining provided to either or both the spouse and any dependant of the employer.

(d) Paragraph (b) does not apply to an eligible employee where there is an arrangement or scheme in place whereby an employee may receive the cost of retraining in money or money’s worth, wholly or partly, directly or indirectly, and such employee so receives that cost.”.

(2) Subsection (1) has effect as respects retraining within the meaning of section 201(1A) of the Principal Act (as inserted by this section) made available on or after the passing of this Act.

23 .— (1) Section 485G of the Principal Act is amended by inserting the following subsections after subsection (3):

“(4) (a) Subject to paragraph (b) and subsection (5), where under any provision of the Tax Acts (other than any provision of this Chapter) the calculation of a relief, deduction, credit in relation to tax or, as the case may be, a reduction in the amount of tax payable arises for a tax year which requires total income, taxable income, tax payable or tax chargeable for the year to be taken into account as part of the calculation—

(i) that calculation shall be carried out as if this Chapter, other than section 485F, does not apply, and

(ii) (I) in the case of a relief or deduction, effect shall be given to such relief or deduction before the application of this Chapter but after the application of section 485F, or

(II) in the case of a credit in relation to tax or, as the case may be, a reduction in the amount of tax payable, the benefit of that credit or reduction (as calculated in accordance with subparagraph (i)) shall be given against the amount of tax to be charged on the individual for the year involved in relation to his or her taxable income as determined in accordance with section 485E.

(b) Where this Chapter applies to an individual for a tax year nothing in paragraph (a) shall affect the calculation of the amount of tax which is to be charged on the individual for the year involved in relation to his or her taxable income as determined in accordance with section 485E.

(5) Where this Chapter applies to an individual for a tax year, the provisions of section 187 (as amended by the Finance Act 2008) or section 188 shall not apply to the individual for that year.”.

(2) Subsection (1) of this section applies as respects any relief, deduction, credit in relation to tax or, as the case may be, a reduction in the amount of tax payable, details of which fall to be included in particulars on a return, required to be delivered under section 951 of the Principal Act, which is delivered on or after 31 January 2008.